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MATTER OF FINAL ACCOUNTING OF BOEHNER

Nos. 7302, 5101/89.

94 A.D.3d 477 (2012)

941 N.Y.S.2d 155

2012 NY Slip Op 2587

In the Matter of Final Accounting of LEONARD B. BOEHNER et al., as Executors of E. MacGREGOR STRAUSS, Deceased, Trustee of a Trust Created under Deed of Trust Dated October 5, 1957. LEONARD BOEHNER et al., Appellants, v. LYDIA DELAUNAY, Respondent, et al., Respondent. ARMAR STRAUSS, Interested Party.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 5, 2012.

On October 5, 1957, Anne Archbold created an irrevocable trust for the lifetime benefit of her daughter Lydia A. Foote. The trust provided that, upon the death of Foote, the principal of the trust would be divided into equal shares for each of Foote's children. The trustees would "continue to have and to hold" those shares for the life of each of those children, paying the net income of the secondary trusts to each child. Upon the death of one of the Foote children, "the...

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